Hancock v. Beverly's heirs
Court of Appeals of Kentucky
Error to the Henderson Circuit. Ejectment, Case 116. The case stated. Á deed1 thb' fitylecorded, passes the whole title of the grafllor,- and non’e but bona fide purchasers without notice or creditors, liave any benefit from the failure of the grantor to. place the dfeed’ upon record,- a purchaser from the heir or devisee of the vendor is not protected.
Read the full summary
Error to the Henderson Circuit. Ejectment, Case 116. The case stated. Á deed1 thb' fitylecorded, passes the whole title of the grafllor,- and non’e but bona fide purchasers without notice or creditors, liave any benefit from the failure of the grantor to. place the dfeed’ upon record,- a purchaser from the heir or devisee of the vendor is not protected. Can the creditor of the heir or devisee of a grant- or, whose conveyance of land' has never been recorded, subjectthe land conveyed, to the prejudice of the grantee in the unrecorded deed —Qv.
1Opinion of the Court
Judge Marshall
delivered the Opinion of the Court.
In this action of ejectment the lessors of the plaintiff claimed under a deed, from the patentee Mace Clements, *532whicb had? not been recorded1 until more than thirty fiver years after its date and acknowledgement. The defendant- Hancock, claimed, under a deed from Mace Clements the devisee of the patentee, duly recorded before the recording of the prior deed, and the sole question-presented is whether, assuming the purchase of Hancock to have been for a valuable consideration and without notice, his deed from the devisee invests him with the…
2Cited by11 opinions
- Emerson v. Ross'Supreme Court of Florida · 1879
- Dodge v. BriggsU.S. Circuit Court for the Southern District of Georgia · 1886
- Rabinowitz v. KeeferSupreme Court of Florida · 1931
- Memphis Land & Timber Co. v. FordCourt of Appeals for the Eighth Circuit · 1893
- Dozier v. BarnettCourt of Appeals of Kentucky · 1877
6 more not listed; retrieve them via the Exa API.